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Bankruptcy Procedure as an Item of the U.S. Attorney General Activities

Submitted by Anonymous (not verified) on Mon, 05/18/2009 - 00:38

Bankruptcy processes usually occur within somebodyвЂ™s failure to pay debts. More often bankruptcy is connected with commercial activity that has become unprofitable and the owner is at loss. So the only way out of the trouble is to seek for being adjudicated bankruptcy. When you are declared to be a bankrupt you become free of debts and obtain the opportunity to start your business all over again. Any person may become bankrupt even if he or she is a joint owner of some property or business. Bankruptcy procedures cover both individual and company insolvencies.

In any case bankruptcy procedures are conducted by the bankruptcy attorney in bankruptcy court. Federal law prescribes bankruptcy adjudication which allows persons or companies which are not able to pay debts or face possible insolvency, to bring all the financial matters in the command of the bankruptcy court. Bankruptcy declaration may be voluntary or not. Voluntary bankruptcy is adjudicated due to the debtorвЂ™s petition to court for declaring his or her disability to pay overwhelming debts. Sometimes unpaid creditors prepare an involuntary petition to court for enforcing the failing debtor to declare bankruptcy. But we must admit that intended bankruptcy is more common.

For insolvency procedure the trustee is appointed by court. He counts the current possessions, then the court adjudicates the person or company in debt a bankrupt, after that the unpaid debts are annulled. You must know that not any part of your property can be sold for debts, for example, your vehicle, the trade tools, furniture and some other belongings. All this is done with the aim to give a person ability to begin all from the start. But sometimes the result is the running of reckless and unfair business leading to more and more debts. It is necessary to know that such liabilities as alimony and children support, tax duties, and unlawful money transactions can not be discharged in bankruptcy. In case of failure to pay debts the U.S. Attorney General recommends filing a bankruptcy petition, for it prevents you from undesirable foreclosure procedure.

If you intend to argue the creditorвЂ™s claim, try to do it beforehand; donвЂ™t wait till involuntary bankruptcy procedure is heard in court, because after the adjudication it will cost you a lot.

All people understand that being a bankrupt is rather disadvantageous thing than a positive one. But among all the negative results of the process we can admit several positive sides: bankruptcy teachers a debtor to be self-possessed and automatically discharges him/her or it (if we mean a company) of debts in a few years. But nevertheless to be a successful businessman is much more pleasant than to be declared a bankrupt.